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How to File a Railroad Injuries Lawsuit If you are railroad employee and were injured while working you could be entitled to compensation. Federal Employers Liability Act (FELA) protects workers. FELA requires railroad employees, in contrast to the standard Illinois workers' compensation laws, to prove that their employer is negligent. They must demonstrate that the railroad did not follow safety standards. The Cause of the Accident The railroad is a complicated machine that includes a number of different systems that must work correctly to ensure safety for passengers. If a single piece of equipment fails it can cause catastrophic damage and result in an accident that kills or hurts people. Negligent conductors, human error, and track problems are among the most frequently cited causes for train accidents. Sometimes the driver or pedestrian is responsible for a train accident. Contact an attorney right away if you were hurt by a train accident. Your lawyer can help you get the proper medical treatment and can file a claim to claim damages, and request any restitution you are due. Railroad employees are entitled to sue their employers for injuries or illnesses that occur in the workplace under the Federal Employers Law (FELA). This is different than the workers' compensation case. A FELA claim must show that the company failed to provide a safe working environment as required by law. Negligence means the company did not exercise reasonable care to provide you with a safe workplace. If you are able to demonstrate negligence, you'll be entitled to damages for your losses , including physical suffering, mental anguish and disfigurement. Human error is the leading reason for train accidents. This is the case for conductors' as well as railroad employees' carelessness in failing to take safety precautionswhile operating the train while tired, distracted, or intoxicated. Train accidents can also result from track defects such as broken rails, debris, or inadequate safety equipment at railway crossings. Similar to train operators who are inexperienced who fail to follow the correct safety protocols can be at fault for an accident. In many cases, these mistakes result in fatal and severe injuries. Injured railway workers should seek advice from an experienced lawyer with experience in handling railroad injury lawsuits. they will be able to ensure that their rights are protected and the victims receive fair and equitable compensation for their injuries. Our firm has a long-standing track record of handling cases involving train accidents and obtaining the maximum compensation possible for our clients. Exposure to Danger Railroad workers face numerous dangers during their work. From hazardous substances found on trains , to chemical leaks during accidents, the risks are serious. The Federal Employers Liability Act (FELA) states that railroads are required to the obligation to take reasonable care in keeping their employees protected from injuries. They also have to offer a safe place for their employees to work in. A company could be sued if they fail meet this standard. A FELA injury lawyer will help you hold your employer accountable for any health problems you've developed as a result of working on the railroad. They can collect evidence, talk with medical experts to determine whether there is a connection between the exposure and the health condition you suffer from. Toxic chemicals as well as other hazardous substances are used frequently by railroad companies to clean and repair their equipment. Welders may inhale toxic fumes while working or working on repairs, while general workers might be exposed to solvents such as creosote or degreasing chemicals. Certain of these compounds are HAZMAT-listed , and can cause serious injury to those who work around them. Chlorine and benzene are just two examples of toxic chemicals that have been responsible for grave accidents, including the 2005 Norfolk Southern train crash in Graniteville, South Carolina that killed nine people. Asbestos, a different substance employed in the railroad industry, has been linked with mesothelioma, a type of cancer, and other diseases. If you're a railroad worker that was diagnosed with cancer due to the exposure to asbestos, a FELA lawyer can assist you to get compensation for your pain. If you have any questions about your case, or if you'd like to discuss your legal options with a knowledgeable railroad injury lawyer , please contact us today to schedule a free consultation. We'll talk about your case and determine whether you have a valid claim for compensation. There are hidden dangers in the railway industry, in addition to the obvious dangers. For instance, train crews and first responders are often unaware of the harmful chemicals released at a wreck scene. Duty of Care An employee who has been injured by a railroad accident may seek damages from their employer. This is accomplished by filing an injury lawsuit filed against railroads under the Federal Employer's Liability Act (FELA). To win a claim for this type of injury, a worker must show that the railroad was negligent and that the negligence caused their accident. This is a complex job that requires the railroad to prove the obligation to care. There are a myriad of factors that must be considered when trying prove a duty of care. California law has created the balancing test. The test of balancing is a complex mixture of a variety of factors that must be carefully weighed against one another to determine whether the defendant owed the plaintiff a duty of care , or whether they violated it. The duty of care varies from company to company. While the duties of care might differ for an IT company than a construction company, they are the same in terms of prevention, risk assessment and planning as well as communicating. Employee safety is an essential part of every business, and it's essential for the health of your employees. This is why it's a good idea to hire someone who will be devoted to this aspect of your company's operation. Many companies have Safety Officers or Employee Health and Safety (EHS) who are responsible to ensure a safe and healthy work environment. They are usually well-informed and can help prevent future accidents. They can also help in any concerns that arise from an accident injury that occurs at work. This includes obtaining the appropriate medical attention, finding out about missed days at work or wages lost, and getting reimbursement for the time that was lost working. If your employer fails to meet their duty of care it could be a disaster for you and your family. It could also affect your job prospects since it could indicate that the company is not competent and cannot provide the safety of its employees. If you think you might have a legal claim against the railroad for railroad injuries It is crucial to consult an attorney free of charge. Damages If you file a railroad injuries lawsuit, there is many damages that you can claim. These include lost wages, medical bills and pain and suffering and compensation for any permanent disability you've suffered as a result of the accident. The amount you can receive will vary depending on the circumstances surrounding your case, and your own personal injury history. A successful claim requires an experienced FELA lawyer to collect evidence and prove that the railroad was negligent in causing your injuries. One of the most common kinds of accidents that occur that happen in the railroad industry is exposure to harmful chemicals. Exposure to harmful chemicals such as creosote, asbestos and benzene can cause cancer or other serious illnesses among employees. Railroad employees may prove their negligence through an exhaustive investigation into their workplace. If you are an injured railroad worker and you have questions about your legal rights, it's important to consult an attorney right away. A skilled FELA railroad injury attorney will assist you in getting the money you need to compensate for your loss and restore your quality of life following a work-related accident. In addition to proving the railroad was negligent, you will also need to show that you were not responsible in the accident. This is a much higher burden of proof than you would have to meet in an injury claim. The Federal Employers Liability Act (FELA) states that railroads are bound by an obligation to provide their employees with a safe space to work. If they fail to meet this obligation, they will be accountable for any damages you incur from your injuries. Railroad lawsuits for injuries can be very expensive since the property destroyed in an accident can often be extremely valuable. This could include equipment, cars, or buildings. In many cases, companies' lawyers tend to focus on settling cases as fast as they can, in order to avoid having jurors award punitive damages. A knowledgeable FELA lawyer who specializes in railroad injury claims can negotiate an equitable settlement that is acceptable to both sides. This can make a big difference in your case's outcome and your recovery.